Well hello good people of SE. My close friend and colleague has just been delivered what appears like an eviction letter and I am trying to help her figure out if it is legit and if she has any recourse. She has a 4 year old daughter and is up to her neck in legal fees from one nasty divorce trial so this is inopportune to say the least. What she has is a one year “standard form of condominium... [more]
Well hello good people of SE. My close friend and colleague has just been delivered what appears like an eviction letter and I am trying to help her figure out if it is legit and if she has any recourse. She has a 4 year old daughter and is up to her neck in legal fees from one nasty divorce trial so this is inopportune to say the least. What she has is a one year “standard form of condominium apartment lease” (the real estate board of new york, inc) which goes through june 15, 2014 (the date she has been asked the vacate). Under the lease section for renewals it says “you option to renew (delete if inapplicable): You shall have the right to extend the term of this lease for ______ year(s) commencing __________ and ending ____ (the extension term) provided: you give the owner the extension notice in the manner required under this lease of your election to extend the term of this lease, the election notice must be given to owner at least _______ days prior to the ending date of this lease stated in article 2, and you may not be in default of any provisions of the lease when the extension notice is given and on the commencement date of the extension term,if you fail to send the extension notice to owner by the date specified therein, this article shall be of no further force and effect. The monthly rent payable for the extension term shall be ______ and all provisions of this lease shall remain in full force during the extension term.” This section was not deleted or redlined or blacked out, but none of the fields were filled in either. She has not violated any terms of the lease. The eviction letter was delivered in writing by the landlord’s lawyer. Background: the landlord said to my friend, to her face when she dropped of her last rent check, “I want to raise your rent” and she asked “by how much?” and she said “by 9%” and my colleague, who wants to move after she gets pre-k sorted, said “I was actually going to ask you if I could go month–to-month after june when the lease expires so let’s talk about it. I prefer to pay month to month at the current rent, please think about it and let me know,” the landlord then said well actually I’m thinking about selling the apartment. My friend said she would not be interested in buying the unit and the next day she got the eviction letter. I have never seen a “condominium lease,” it seems like the type you can buy in a drugstore like for subletting or other person-to-person agreements. I know there are laws governing lease renewals and options to go month to month for market rate/rent stabilized and rent-controlled apartments, but I’m not sure what this would fall under. Please, your thoughts! Gracias,
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Response by rb345
almost 12 years ago
Posts: 1273
Member since: Jun 2009
No choice but to hire a moving company
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Response by NYCMatt
almost 12 years ago
Posts: 7523
Member since: May 2009
Ditto. The battle is already lost. Every day wasted on trying to find "recourse" is a day wasted on finding a new home and getting her moving organized.
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Response by crescent22
almost 12 years ago
Posts: 953
Member since: Apr 2008
Have your colleague tell the lawyer both of them know colleague can drag this into summer 2015 if she wants to at no cost to her through the Housing Court. If lawyer's client continues to be so confrontational, that is the way it will go. Of course, if he decides to talk, then maybe they can come to an agreement on a 3-4 month extension.
It's your colleague's choice whether to follow through on threat and potentially ruin her credit but it's not illegal or even unethical to represent a tough line.
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Response by NYCMatt
almost 12 years ago
Posts: 7523
Member since: May 2009
Want to drag this out? Fine. Let's see if she can live intermittently without heat, water, or electricity.
Yes, landlords can play dirty too.
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Response by fieldschester
almost 12 years ago
Posts: 3525
Member since: Jul 2013
>Let's see if she can live intermittently without heat, water, or electricity.
This is a condo. How is the apartment owner going to turn off the head, water, or electricity?
The tenant really can't drag this out, and clearly isn't in a frame of mind or personal financial and legal position to do so, " 4 year old daughter and is up to her neck in legal fees from one nasty divorce trial so this is inopportune to say the least."
Best bet - be reasonable, be nice, ask for an extra 2 weeks or extra month to handle the move and find a new place, take care of the daughter, etc.
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Response by msadewitz
almost 12 years ago
Posts: 20
Member since: Aug 2008
Agreed. Tenant has no recourse. It's not a stabilized lease, landlord can charge whatever he/she wants. Also, are you sure it's an eviction notice (that the landlord is beginning eviction proceedings through the housing court system), or just a standard 30 days notice to vacate? There's a *huge* difference between the two.
As fieldschester said, your friend should try to get an extra month or so out of the landlord at her current price to try and coordinate her move. If the landlord isn't moved by her heartfelt request, she could maybe play the game of claiming to not recognize the landlords requests to move out since they weren't sent via certified mail (you said this was a verbal conversation?). Your friend should double check with an attorney, but i'm pretty sure the landlord *has* to give 30 days notice via a letter through certified mail for it to truly count as a notice to vacate. Might buy your friend some time.
No choice but to hire a moving company
Ditto. The battle is already lost. Every day wasted on trying to find "recourse" is a day wasted on finding a new home and getting her moving organized.
Have your colleague tell the lawyer both of them know colleague can drag this into summer 2015 if she wants to at no cost to her through the Housing Court. If lawyer's client continues to be so confrontational, that is the way it will go. Of course, if he decides to talk, then maybe they can come to an agreement on a 3-4 month extension.
It's your colleague's choice whether to follow through on threat and potentially ruin her credit but it's not illegal or even unethical to represent a tough line.
Want to drag this out? Fine. Let's see if she can live intermittently without heat, water, or electricity.
Yes, landlords can play dirty too.
>Let's see if she can live intermittently without heat, water, or electricity.
This is a condo. How is the apartment owner going to turn off the head, water, or electricity?
The tenant really can't drag this out, and clearly isn't in a frame of mind or personal financial and legal position to do so, " 4 year old daughter and is up to her neck in legal fees from one nasty divorce trial so this is inopportune to say the least."
Best bet - be reasonable, be nice, ask for an extra 2 weeks or extra month to handle the move and find a new place, take care of the daughter, etc.
Agreed. Tenant has no recourse. It's not a stabilized lease, landlord can charge whatever he/she wants. Also, are you sure it's an eviction notice (that the landlord is beginning eviction proceedings through the housing court system), or just a standard 30 days notice to vacate? There's a *huge* difference between the two.
As fieldschester said, your friend should try to get an extra month or so out of the landlord at her current price to try and coordinate her move. If the landlord isn't moved by her heartfelt request, she could maybe play the game of claiming to not recognize the landlords requests to move out since they weren't sent via certified mail (you said this was a verbal conversation?). Your friend should double check with an attorney, but i'm pretty sure the landlord *has* to give 30 days notice via a letter through certified mail for it to truly count as a notice to vacate. Might buy your friend some time.